
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5545]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5545. Night, standby, irregular, and hazardous duty 
        differential
        
    (a) Except as provided by subsection (b) of this section, nightwork 
is regularly scheduled work between the hours of 6:00 p.m. and 6:00 
a.m., and includes--
        (1) periods of absence with pay during these hours due to 
    holidays; and
        (2) periods of leave with pay during these hours if the periods 
    of leave with pay during a pay period total less than 8 hours.

Except as otherwise provided by subsection (c) of this section, an 
employee is entitled to pay for nightwork at his rate of basic pay plus 
premium pay amounting to 10 percent of that basic rate. This subsection 
and subsection (b) of this section do not modify section 5141 of title 
31, or other statute authorizing additional pay for nightwork.
    (b) The head of an agency may designate a time after 6:00 p.m. and a 
time before 6:00 a.m. as the beginning and end, respectively, of 
nightwork for the purpose of subsection (a) of this section, at a post 
outside the United States where the customary hours of business extend 
into the hours of nightwork provided by subsection (a) of this section.
    (c) The head of an agency, with the approval of the Office of 
Personnel Management, may provide that--
        (1) an employee in a position requiring him regularly to remain 
    at, or within the confines of, his station during longer than 
    ordinary periods of duty, a substantial part of which consists of 
    remaining in a standby status rather than performing work, shall 
    receive premium pay for this duty on an annual basis instead of 
    premium pay provided by other provisions of this subchapter, except 
    for irregular, unscheduled overtime duty in excess of his regularly 
    scheduled weekly tour. Premium pay under this paragraph is 
    determined as an appropriate percentage, not in excess of 25 
    percent, of such part of the rate of basic pay for the position as 
    does not exceed the minimum rate of basic pay for GS-10 (including 
    any applicable locality-based comparability payment under section 
    5304 or similar provision of law and any applicable special rate of 
    pay under section 5305 or similar provision of law) (or, for a 
    position described in section 5542(a)(3) of this title, of the basic 
    pay of the position), by taking into consideration the number of 
    hours of actual work required in the position, the number of hours 
    required in a standby status at or within the confines of the 
    station, the extent to which the duties of the position are made 
    more onerous by night, Sunday, or holiday work, or by being extended 
    over periods of more than 40 hours a week, and other relevant 
    factors; or
        (2) an employee in a position in which the hours of duty cannot 
    be controlled administratively, and which requires substantial 
    amounts of irregular, unscheduled overtime duty with the employee 
    generally being responsible for recognizing, without supervision, 
    circumstances which require the employee to remain on duty, shall 
    receive premium pay for this duty on an annual basis instead of 
    premium pay provided by other provisions of this subchapter, except 
    for regularly scheduled overtime, night, and Sunday duty, and for 
    holiday duty. Premium pay under this paragraph is an appropriate 
    percentage, not less than 10 percent nor more than 25 percent, of 
    the rate of basic pay for the position, as determined by taking into 
    consideration the frequency and duration of irregular, unscheduled 
    overtime duty required in the position.

    (d) The Office shall establish a schedule or schedules of pay 
differentials for duty involving unusual physical hardship or hazard. 
Under such regulations as the Office may prescribe, and for such minimum 
periods as it determines appropriate, an employee to whom chapter 51 and 
subchapter III of chapter 53 of this title applies is entitled to be 
paid the appropriate differential for any period in which he is 
subjected to physical hardship or hazard not usually involved in 
carrying out the duties of his position. However, the pay differential--
        (1) does not apply to an employee in a position the 
    classification of which takes into account the degree of physical 
    hardship or hazard involved in the performance of the duties 
    thereof, except in such circumstances as the Office may by 
    regulation prescribe; and
        (2) may not exceed an amount equal to 25 percent of the rate of 
    basic pay applicable to the employee.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 487; Pub. L. 90-83, Sec. 1(27), 
Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II, Sec. 217, Dec. 
16, 1967, 81 Stat. 638; Pub. L. 90-556, Sec. 2, Oct. 10, 1968, 82 Stat. 
969; Pub. L. 91-231, Sec. 8, Apr. 15, 1970, 84 Stat. 198; Pub. L. 94-
183, Sec. 2(23), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95-454, title IX, 
Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, 
Sec. 2(a)(32), Aug. 14, 1979, 93 Stat. 383; Pub. L. 97-258, 
Sec. 3(a)(13), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 101-173, 
Sec. 1(a), Nov. 27, 1989, 103 Stat. 1292; Pub. L. 101-509, title V, 
Sec. 529 [title I, Sec. 101(b)(3)(E), title II, Sec. 203], Nov. 5, 1990, 
104 Stat. 1427, 1439, 1456; Pub. L. 102-378, Sec. 3(2), Oct. 2, 1992, 
106 Stat. 1355.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a), (b)...........  5 U.S.C. 921.                 June 30, 1945, ch.
                                                    212, Sec.  301, 59
                                                    Stat. 298.
                                                   May 24, 1946, ch.
                                                    270, Sec.  10, 60
                                                    Stat. 218.
                                                   Sept. 1, 1954, ch.
                                                    1208, Sec.  206, 68
                                                    Stat. 1110.
(c)................  5 U.S.C. 926.                 Sept. 1, 1954, ch.
                                                    1208, Sec.  208(a),
                                                    68 Stat. 1111.
                                                   July 18, 1958, Pub.
                                                    L. 85-525, 72 Stat.
                                                    363.
------------------------------------------------------------------------

    In subsection (b), the words ``head of an agency'' are substituted 
for ``head of any department, independent establishment, or agency, 
including Government-owned or controlled corporations'' because of the 
definition of ``agency'' and the application stated in section 5541. The 
words ``the United States'' are substituted for ``the several States and 
the District of Columbia''.
    In subsection (c), the words ``head of an agency'' are substituted 
for ``head of any department, independent establishment, or agency, 
including Government-owned or controlled corporations, or of the 
municipal government of the District of Columbia'' because of the 
definition of ``agency'' and the application stated in section 5541. The 
word ``officer'' is omitted as included in ``employee''. The word 
``scheduled'' is omitted since section 603 of the Act of Oct. 11, 1962, 
Pub. L. 87-793, 76 Stat. 847, eliminated the necessity of referring to 
rates as scheduled or longevity. Reference to the ``Classification Act 
of 1949, as amended'' is omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5545(c)............  5 App.: 926.                  July 18, 1966, Pub.
                                                    L. 89-504 Secs.
                                                    404(c), 405(d), (e),
                                                    80 Stat. 297, 298.
5545(d)............  5 App.: 1134.                 July 19, 1966, Pub.
                                                    L. 89-512, Sec.  1,
                                                    80 Stat. 318.
------------------------------------------------------------------------

    In the second sentence of subsection (d), the words ``Under such 
regulations as the Commission may prescribe, and for such minimum 
periods as it determines appropriate'' are substituted for clauses (3) 
and (4) of the third sentence of 5 App. U.S.C. 1134. That requirement in 
clause (4) that the Commission prescribe regulations is codified in 5 
U.S.C. 5548(b) by section 1 (32) of this bill. The words ``an employee 
to whom chapter 51 and subchapter III of chapter 53 of this title 
applies is entitled to be paid the appropriate differential'' are 
substituted for ``The appropriate differential shall be paid to any 
officer or employee to whom this Act applies'' to reflect the 
codification of that act (Classification Act of 1949) in title 5, United 
States Code, and to conform with the definitions applicable.
    In subsection (d)(1), the words ``does not apply to an employee'' 
are substituted for ``shall not be applicable with respect to any 
officer or employee.''
    In subsection (d)(2), the words ``may not . . . applicable to the 
employee'' are substituted for ``shall not . . . applicable with respect 
to such officer or employee''.

                       References in Text

    GS-10, referred to in subsec. (c)(1), is contained in the General 
Schedule which is set out under section 5332 of this title.


                               Amendments

    1992--Subsec. (d). Pub. L. 102-378 made technical correction to 
directory language of Pub. L. 101-509, Sec. 529 [title II, Sec. 203]. 
See 1990 Amendment note below.
    1990--Subsec. (c)(1). Pub. L. 101-509, Sec. 529 [title I, 
Sec. 101(b)(3)(E)], inserted ``(including any applicable locality-based 
comparability payment under section 5304 or similar provision of law and 
any applicable special rate of pay under section 5305 or similar 
provision of law)'' after ``GS-10''.
    Subsec. (d). Pub. L. 101-509, Sec. 529 [title II, Sec. 203], as 
amended by Pub. L. 102-378, struck out ``irregular or intermittent'' 
before ``duty involving unusual'' in first sentence and inserted ``, 
except in such circumstances as the Office may by regulation prescribe'' 
after ``thereof'' in par. (1).
    1989--Subsec. (c)(2). Pub. L. 101-173 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``an employee in a 
position in which the hours of duty cannot be controlled 
administratively, and which requires substantial amounts of irregular, 
unscheduled, overtime duty with the employee generally being responsible 
for recognizing, without supervision, circumstances which require him to 
remain on duty, shall receive premium pay for this duty on an annual 
basis instead of premium pay provided by other provisions of this 
subchapter, except for regularly scheduled overtime, night, and Sunday 
duty, and for holiday duty. Premium pay under this paragraph is 
determined as an appropriate percentage, not less than 10 percent nor 
more than 25 percent, of such part of the rate of basic pay for the 
position as does not exceed the minimum rate of basic pay for GS-10, by 
taking into consideration the frequency and duration of irregular 
unscheduled overtime duty required in the position.''
    1982--Subsec. (a). Pub. L. 97-258 substituted ``section 5141'' for 
``section 180''.
    1979--Subsec. (c)(2). Pub. L. 96-54 substituted ``percent'' for 
``per centum'' wherever appearing.
    1978--Subsecs. (c), (d). Pub. L. 95-454 substituted ``Office of 
Personnel Management'' for ``Civil Service Commission'' and ``Office'' 
for ``Commission'' wherever appearing.
    1975--Pub. L. 94-183 struck out ``Sunday,'' after ``Night,'' in 
section catchline.
    1970--Subsec. (c)(2). Pub. L. 91-231 corrected the system of premium 
compensation of employees whose work schedules cannot be 
administratively controlled by providing for separate treatment for 
irregular, unscheduled, and overtime duty on one hand and for duty at 
night, on Sundays, and on holidays on the other.
    1968--Subsec. (c)(1). Pub. L. 90-556 inserted ``(or, for a position 
described in section 5542(a)(3) of this title, of the basic pay of the 
position)'' after ``GS-10''.
    1967--Subsec. (e)(2). Pub. L. 90-206 substituted ``not less than 10 
percent nor more than 25 percent'' for ``not in excess of 15 percent''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    Effective Date of 1989 Amendment

    Section 1(b) of Pub. L. 101-173 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
overtime duty performed on or after the first day of the first 
applicable pay period beginning after September 30, 1990.''


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-231 effective Apr. 15, 1970, see section 
9(b) of Pub. L. 91-231, set out in a 1970 Increase in Pay Rates note 
under section 5332 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-556 effective on first day of first pay 
period beginning on or after thirtieth day after Oct. 10, 1968, see 
section 3 of Pub. L. 90-556, set out as a note under section 5542 of 
this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-206 effective at beginning of first pay 
period which begins on or after Dec. 16, 1967, see section 220(a)(3) of 
Pub. L. 90-206, set out as a note under section 603 of Title 28, 
Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 5541, 5545a, 5546, 5547, 
5548, 5595, 6123, 8114, 8331, 8704 of this title; title 2 section 1371; 
title 14 section 432; title 15 section 278e; title 38 section 7457.
